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Legal News September 2008 Recent Settlements By Ianello Legal Associates 1. Motorcycle Collision - $90,000 The plaintiff, who was 17 years old, was riding his motorcycle on a public way in a residential area when the defendant, an adult female operator, pulled out from her driveway, blocking the entire road. The plaintiff had no time to react and struck the automobile broad-side and was propelled into the air and over the auto about 20 feet from the point of impact. The defendant claimed that had the plaintiff been operating at a reasonable speed within the speed limit she would have been able to see him as she had a clear view of approximately 100 feet up the road from where the plaintiff was traveling. ?As a result of the collision, the plaintiff sustained a fracture of his right tibia and fibular shaft. These fractures required surgical repair with insertion of several surgical screws. The plaintiff has been left with some residual permanent scarring but otherwise had an excellent result. The case was settled for $90,000 just prior to trial. 2. Tractor Trailer Collision With
As a direct result of the defendant's deposition, the insurance company was made aware that, had the defendant used his horn or notified the plaintiff that he was being partially blocked, the plaintiff (who had at least a truck length in front of him) could have pulled his truck forward to allow the tractor trailer to pass without incident. The case was ultimately settled for $70,000 after both sides completed discovery. 3. One-Car Rollover - $100,000 The plaintiff was a front-seat passenger in a car in which the operator dozed off while driving. The operator lost control of the vehicle and struck a guard rail, which caused the vehicle to leave the road and roll over. The plaintiff was ejected from the vehicle during the rollover and sustained a closed midshaft fracture of the right humerus, radial nerve palsy in her right arm and hand, cellulitis on her forehead and face, and other various soft tissue injuries. The plaintiff was left with permanent scars on her right arm and face. The case settled for the policy limits of $100,000 upon the defendant's insurance company receiving our demand package fully documenting and supporting the claim. Had the plaintiff carried optional underinsurance benefits exceeding the $100,000 policy carried by the defendant, she would have been able to make a claim for the excess and likely would have received an extra $100,000. This is another reminder that you must carry excess coverage in the event of serious and debilitating personal injuries. See your insurance agent immediately.
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Important Automobile Insurance - Medical Payments Benefits
The new change is significant in that after the first $2,000 has been paid by PIP, the remainder would be paid by Med Pay if you carried this optional coverage. If your claim against a third party were settled, the Med Pay benefits would not have to be paid back, which would result in significantly more money in your pocket. Since this optional coverage can be purchased through your insurance agent at a very low premium, I strongly urge you to call your insurance agent and add this coverage to your policy. Delayed Cancer Diagnosis
In other words, if there is a delay in diagnosis which results in a diagnosis of stage III or IIIB cancer, which should have been diagnosed as a stage I, the difference would be the loss of chance of survival. Generally, experts agree that in a stage I diagnosis the chance of surviving ten years would be about 90%. Contrast that with this woman, who was a stage IIIB by the time she was finally diagnosed. At that stage there was a 30% chance of surviving ten years, which is a difference of 60%. She died in four years at the age of 54. Compensation For Those Wrongly Accused Pursuant to Massachusetts General Laws Chapter 277, section 73, a person who is confined while awaiting trial for more than six months after having been indicted and then is finally acquitted or discharged without trial can receive compensation equal to his earning capacity for that period of time which exceeded six months up until the acquittal or discharge. A Superior Court judge will ultimately determine the compensation to be awarded, and that decision will be final.
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$2.7 Million Settlement For Crane Injury Two employees were recently compensated $2.7 million for injuries suffered when a portable crane free-wheeled on subway tracks. The basis of the case was that the defendant distributor of a European-made crane modified the crane so that it would be able to travel on the tracks of the Boston subway system. Due to the modification, the crane did not have enough braking power as it traveled down the tracks. As a result, the lack of friction allowed the crane to run into two workers. The first worker suffered a fracture to his spine and multiple abrasions and lacerations. He was out of work for six months, then only to return to light duty. The second worker was struck by the crane and dragged several hundred feet, causing serious and significant injuries, including below-the-knee amputation. It appears the case was contested as the defendant was going to use the “sophisticated users' doctrine”, claiming that the employees knew or reasonably should have known of the crane's danger. Therefore, the settlement appeared to be in the best interests of both parties.
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The plaintiff was sitting in the driver's seat of city dump truck parked on the right side of the street while a city crew was performing road work. The defendant, who was operating a tractor trailer, became impatient and cut across an island to go around the dump truck. His trailer struck the left rear corner of the dump truck. As a result of the collision, the plaintiff sustained a left rotator cuff tear. Arthro-scopic surgery was performed to repair the tear.
The law has changed with reference to Medical Payments (“Med Pay”) benefits to cover medical expenses as a result of injuries sustained in an automobile accident.
IThe Supreme Judicial Court in Massachusetts proved a “loss of chance of survival” damage theory. This results from an untimely or delayed diagnosis of cancer. In this case, it involved a woman whose breast cancer had not been diagnosed until about a year and a half after it should have been detected.
